Ethics

There?s been a lot of blogging about Justice Alito?s appearance at a dinner run the The American Spectator, which is a 501(c)(3) entity.  It appears that the dinner was a big event for the magazine and at the magazine?s website was the link to the ?donate? button.

But, as far as I can tell, Alito attended the dinner, was not a keynote speaker or honoree, did not solicit funds for the organization, did not permit his name to be used in fund raising, and did not solicit membership.

Quite often I attend the big gala fundraiser/lunch/dinner for various public interest law groups, which usually have progressive politics, and unless I?m mistaken I?ve seen judges attend in the same matter as Justice Alito did?with no personal participation in the solicitation of funds or membership.

Although the Supreme Court justices are not strictly governed by the Code of Conduct for United States Judges, for the sake of argument let?s suppose that Justice Alito was governed by it.  Having read Canon 4 along with its commentary, and having read advisory opinions 32, 35, 42, and 91, I don?t see how Alito?s attendance was improper under those rules.  If I?m wrong about that, I?d appreciate being told so.  If you have cites, all the better.  

I'm also assuming that although the magazine has a conservative viewpoint, it's not a "political organization" within the meaning of Canon 5A and hence the prohibition on attending dinners or buying tickets for dinners doesn't apply either.  ("The term 'political organization' refers to a political party, a group affiliated with a political party or candidate for public office, or an entity whose principal purpose is to advocate for or against political candidates or parties in connection with elections for public office.")

I also don?t see how it benefits society if judges couldn?t even attend, or were afraid to attend, say, a dinner put on by ACS, the Brennan Center, the Federalist Society, etc.

Comments are welcome, and comments pointing out errors in my analysis are particularly welcome.